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What are the potential charges?


sassnetguy50

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Person A is hunting squirrels with a air rifle in their backyard within the city.  The highway runs next to his property.  Person B is driving on the highway.  Person A misses a squirrel, the projectile travels beyond the property to the highway, through the car window, into the skull of person B.  Person B survives with potential brain issues.

 

What are the potential charges against person A?

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In no state I have lived in are you allowed to shoot across a road. It's the responsibility of the shooter to know what's beyond the target. That's one charge. Depending on the city, it may be a violation to be discharging an air rifle within city limits. That's another charge. I would imagine reckless endangerment somehow plays into this.

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We get a lot of “What would the charges be” questions here.

It is not always an easy answer as charges vary depending on the jurisdiction. Things like Reckless Endangerment do not always exist at least in that terminology in all state statutes.

as there is no intent that could be proven in this case, the charge would generally be one of negligence, however the specific language in statutes is written. The penalties for conviction will also vary.

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1 hour ago, sassnetguy50 said:

Person A is hunting squirrels with a air rifle in their backyard within the city.  The highway runs next to his property.  Person B is driving on the highway.  Person A misses a squirrel, the projectile travels beyond the property to the highway, through the car window, into the skull of person B.  Person B survives with potential brain issues.

 

What are the potential charges against person A?

 

59 minutes ago, The Original Lumpy Gritz said:

Air rifle pellet went through a windshield :rolleyes:

Ya-rite :lol:

OLG 

Door window, not windshield.

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1 hour ago, The Original Lumpy Gritz said:

Air rifle pellet went through a windshield :rolleyes:

Ya-rite :lol:

OLG 

Open window I assumed.

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32 minutes ago, Hendo said:

Problems in Norco? 

Probably there too.  This scenario is from a 2A watch group chat.  Family of person B is pushing the state of Iowa to expand firearm laws.  They claim person A will only face $400 in fines because it was an air rifle instead of a 22LR.  The fines are related to hunting violations and not the accidental shooting.

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Bear in mind they also have  larger air rifles to can kill deer. They have about the same velocity and energy as a .38 Colt. They have videos of them in use on Youtube. They also have air rifles that match the velocity of .22 LR.

Correction: They have made advancments since I last researched them. They now are much larger.

 

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6 hours ago, Cholla said:

In no state I have lived in are you allowed to shoot across a road. It's the responsibility of the shooter to know what's beyond the target. That's one charge. Depending on the city, it may be a violation to be discharging an air rifle within city limits. That's another charge. I would imagine reckless endangerment somehow plays into this.

True.

 

It also goes for hitting a ball across a street or highway.  Some day I'll explain that.

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2 hours ago, Pat Riot, SASS #13748 said:

They can sue in civil court. Why do dipsticks always want a f…flippin’ law made?

Usually so they can impose their agenda on others by using the power of the state, rather than by standing on their own two feet and looking their opponent in the eye.

 

LL

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